Unused and Unusable Equipment Sample Clauses

Unused and Unusable Equipment. Except for seasonally used equipment, whenever Licensee has ceased using for a period of sixty (60) days any Equipment situated upon Owner’s poles, Licensee will notify Owner via ENS, if practicable, or in writing otherwise. Licensee will repair or remove any Unusable Equipment from Owner’s poles within 180 days of the date of last use, or upon such shorter time as required pursuant to Section 3.05 or Section 3.08 or otherwise under the terms of this Agreement. Additionally, Licensee will remove any Unused Equipment from Owner’s poles within 365 days of the date of last use unless Licensee demonstrates to Owner’s reasonable satisfaction all of the following: (a) that it is more likely than not that Licensee will resume using the Unused Equipment in the same location within a period of three- years from the date of last use, (b) leaving Licensee’s Unused Equipment in place will not preclude Owner or a third party from using the pole space occupied by Licensee’s Unused Equipment for Owner’s own purposes or the purposes of another pole user, where Owner’s needs or the needs the other pole user cannot be satisfied by utilizing other existing, usable and available pole space, and (c) leaving Licensee’s Unused Equipment in place does not contravene any other obligation of Licensee under this Agreement, including without limitation Section 3.04 and Section 3.08. In all cases, Licensee will incur rental charges under this Agreement for the pole space occupied or once-occupied by the Unused Equipment or Unusable Equipment until the billing cycle following the date upon which Licensee’s Unused Equipment or Unusable Equipment is properly removed and notice of the removal is properly given to Owner under the terms of this Agreement. Comcast believes that the first two sentences of this section should be deleted, along with all references to “Unusable Equipment.” As discussed above, Licensees should be able to install any type of Equipment that is safe based on objective and nondiscriminatory criteria like the NESC rules.
Sample 1
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Unused and Unusable Equipment. Except for seasonally used equipment, whenever Licensee has ceased using for a period of sixty-days any Equipment situated upon Owner’s poles, Licensee will notify Owner via ENS, if practicable, or in writing otherwise. Licensee will repair or remove any Unusable Equipment from Owner’s poles within 180 days of the date of last use, or upon such shorter time as required pursuant to Section 3.05 or
Sample 1

Related to Unused and Unusable Equipment

  • CALCULATING THE AMOUNT OF LOSS OF REVENUES BY THE DISTRICT Subject to the provisions of Section 6.5, the amount to be paid by Applicant to compensate District for loss of Maintenance and Operations Revenue resulting from, or on account of, this Agreement for each year starting in the year of the Application Approval Date and ending on the Final Termination Date (as set out in Exhibit 5), the “M&O Amount” shall be determined in compliance with Applicable School Finance Law in effect for such year and according to the following formula:

  • Therapist Availability Therapist’s office is equipped with a confidential voice mail system that allows Patient to leave a message at any time. Therapist will make every effort to return calls within 24 hours (or by the next business day), but cannot guarantee the calls will be returned immediately. Therapist is unable to provide 24-hour crisis service. In the event that Patient is feeling unsafe or requires immediate medical or psychiatric assistance, he/she should call 911, or go to the nearest emergency room.

  • Equipment Usage The equipment must remain in use for the specific project for which it was obtained in accordance with 2 CFR § 200.313(c)(1), unless the provision in 2 CFR § 200.313(c)(4) applies.

  • Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the Property In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property (each, a “Partial Devaluation”) where the fair market value of the Property immediately before the Partial Devaluation is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument unless Borrower and Lender otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is determined by multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated by taking (i) the total amount of the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the Property immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to Borrower. In the event of a Partial Devaluation where the fair market value of the Property immediately before the Partial Devaluation is less than the amount of the sums secured immediately before the Partial Devaluation, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not the sums are then due, unless Borrower and Lender otherwise agree in writing.

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  • Temporary Credit for Unamortized Specified Road Construction Cost When, under B8.33, Contracting Officer orders a delay or interruption of Purchaser’s Operations for more than 30 days when scheduled operations would be occurring but for the order, the Contracting Officer shall credit the unamortized cost of Specified Roads to Purchaser’s Timber Sale Account, upon the written request of Purchaser or at the discretion of Contracting Officer. The amount credited to Purchaser shall be limited to stumpage paid above Base Rates. Any Specified Road construction cost credited to Purchaser pursuant to this Subsection may be refunded or transferred at the request of Purchaser. However, if Purchaser has outstanding debt owing the United States, Contracting Officer must apply the amount of credit that could be refunded to the debt owed in accordance with the Debt Collection Improvement Act of 1996, as amended. Upon written notice from Contracting Officer that the basis for the delay or interruption no longer exists, Purchaser shall pay for timber a per unit amount, in addition to Current Contract Rates, that is equal to the amount credited to Purchaser’s Timber Sale Account divided by 80 percent of the estimated remaining volume of the contract, until the full amount credited to Purchaser has been returned.

  • Facilities and Equipment Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, cellular telephone, long-distance telephone, or other communication charges, vehicles, and reproduction facilities. If the performance of the work specified in Exhibit A requires destructive testing or other work within the City’s public right-of-way, Consultant, or Consultant’s subconsultant, shall obtain an encroachment permit from the City.

  • Equipment and Facilities For On-Site Courses, you will supply the facility and equipment as set forth at xxx.xxxxxx.xxx/xxxxxxxx/xxxxxxxxx/xxxxxxxxxxxx.xxxx. If Red Hat agrees to provide the training facilities and hardware, you will be liable for any loss or destruction of this equipment and hardware used in connection with the Training.

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